Terms of Service

These Terms and Conditions of Use Agreement ("Agreement") constitutes a legally binding agreement made between you, whether personally as an agent, employee or authorized user of a business entity (including sole proprietors ("Client" or "Merchant") (collectively with Client, "you" or "your", which also includes any user authorized by Client, which the parties agree is an express third-party beneficiary and similarly obligated to these terms and conditions) and ISO and third parties as set forth herein (collectively with TP Servicers (as defined herein) and/or any other third party providing any portion of the Services hereunder, "we" "us" or "ISO"), concerning your access to and use of the web-based platform available via the website online at https://app.ecompayouts.com/ (the "Website") or, alternatively, the domain you use to access the dashboard. The Website provides a platform for customers to use services, products, and solutions for businesses, including without limit, any software, data, reports, performance model, advertising, social media, electronic payment processing, transaction monitoring, or other information or programs accessed, downloaded or created through use of the Website include updates and additional features provided by us (the "Services"). The Services are hosted in North America. Your use of the Services is governed by this Agreement, as well as the Privacy Policy https://app.ecompayouts.com/privacy-policy the Cookie Policy https://app.ecompayouts.com/cookie-policy (if selected by Client) the Merchant Agreement entered into by Client; ACH Origination Agreement entered into by Client; and the Local Market Intelligence Report Subscription ("Market Intelligence") provided by MasterCard and governed by the terms and conditions https://app.ecompayouts.com/mc-terms all of which are expressly incorporated herein.

By using the Website, setting up a subscription, or purchasing and/or using the Services, you signify your acceptance of this Agreement, and any amendments or updates hereto. You also agree that we have the right to revise this Agreement, at any time by posting the revised Agreement on the Website without any further notice. All changes are effective immediately upon posting them to the Website. Your continued use of the Website or the Services after any changes to this Agreement have been posted, shall be deemed your unconditional acceptance of those revisions.

User Representations and Warranties

1. Eligibility

By using the Services, you represent and warrant that:

• all information you submit is truthful and accurate;
• you will maintain the accuracy of such information;
• If you are under 18, you are 13 years of age or older and the Client is your parent or legal guardian;
• your use of the Services does not violate any applicable law, regulation, rule, standard, or guideline that governs your use of the Services, including without limit all State, local, municipal, governmental, federal, and industry standard (collectively, the "Rules,");
• you are authorized to agree to this Agreement;
• you are an authorized user of the business entity contracted to use the Services;
• you will comply with the Fair Credit Reporting Act, 15 U.S.C. § 1681 et. seq. ("FCRA"), as amended by the Fair and Accurate Credit Transactions Act of 2003 ("FACTA") and thereafter from time to time, the Americans with Disabilities Act ("ADA") and other applicable equal opportunity laws, the Gramm-Leach-Bliley Act of 1999, 15 U.S.C. § 6801 et. seq. ("GLBA"), the Driver's Privacy Protection Act of 1994, 18 U.S.C. § 2721(b)(3) ("DPPA"), the laws of the applicable state issuing Motor Vehicle Records ("MVR"), the Equal Credit Opportunity Act ("ECOA"), the Truth In Lending Act ("TILA") and all other applicable local, state and federal laws regarding Information, as well as the permissions and limitations of us or our authorized partners, affiliates and/or designees.

2. Requests for Changes

You expressly agree that for any requests made, which includes without limit, updates or changes to a merchant account, account, address, email, bank account, phone number, such requests are done by a user that is a duly authorized representative of the Client and that the individual making the request has the authority to do so and authorizes the request. Further Client, the signer, and the requestor, of which are either parties to this agreement or are expressly acknowledged as third-party beneficiaries, and hereby agree to indemnify, defend, and hold harmless, we and any third party that provides the Services, including without limit the Bank (as defined in the Merchant Agreement) with respect to the request(s).

3. Account Approval and Underwriting

At any time during the term of this Agreement and your use of the Services, we may require additional information from you to verify beneficial ownership or control of the business, validate information you provided, verify you or Client's identity, and assess the risk associated with your business. This additional information may include business invoices, copies of government-issued identification, business licenses, or other information related to your business, its beneficial owners or principals, financial statements or records pertaining to your compliance with this Agreement, or require you to provide a personal or company guarantee. Your failure to provide this information or material may result in suspension or termination of your access to the Services.

4. Client Responsibilities

You expressly represent and acknowledge that the Services cannot replace Client's duties to manage and monitor its business, and that the Services are provided "as-is," without any warranty as to fitness, merchantability, or otherwise, as set forth further below, and that Client is solely responsible to ensure that its business needs are met and that neither ISO nor any TP Servicers, affiliates and/or other third parties providing or supporting any portion of the Services will be responsible for any failures related to the Services, including without limit errors, inaccuracies, failures, delays, bugs, inconsistencies, or any other issues related to electronic payment processing transactions and/or monitoring and any losses, damages, fees, fines, or penalties related to your use of the Services. You agree to provide us notice of any all updates related to your and/or Client's use of the Services, including without limit, any suspicious activity that may result in losses to you, Client, or ISO, any change in Client's business or change related to any of Client's customers, and any potential breach of this Agreement.

5. Management of Use

Client shall solely be responsible for the management of and access to the Website and use of the Services, and shall safeguard and maintain confidential login information, including user IDs, passwords, and other secure identification mechanisms, whether provided or created through direct user account creation, email, or instructions provided to administrators, sales agents, and customer service representatives. Client shall not disclose or share its login information with any other person(s) or entity(ies), except as specifically authorized or permitted. In addition, Client shall be responsible for all user activity within the Website related to Client's use of the Services.

6. User Contributions

You are entirely responsible for the content of, and any harm resulting from, any content you upload to the Website or of which we collect from you (collectively, "Contributions"). When you create, upload or make available a Contribution, you thereby represent and warrant that: a. the creation, distribution, transmission, public display and performance, accessing, downloading and copying of your Contribution does not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, publicity or trade secret rights of any third party; b. you have fully complied with any third-party licenses relating to your Contribution, and have done all things necessary to successfully pass through to viewers any required terms; c. your Contribution does not contain any viruses, worms, Trojan horses, malicious code or other harmful or destructive content; d. your Contribution is not obscene, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable, libelous or slanderous, does not advocate the violent overthrow of the government of the United States, does not incite, encourage or threaten immediate physical harm against another, does not violate any applicable law, regulation, or rule, and does not violate the privacy or publicity rights of any third party; e. your Contribution does not contain material that solicits personal information from anyone under 18 or exploit people under the age of 18 in a sexual or violent manner, and does not violate any federal or state law concerning child pornography or otherwise intended to protect the health or wellbeing of minors; f. if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to make available the Contribution, or (ii) secured from your employer a waiver as to all rights in or to your Contribution; g. your Contribution does not violate any state or federal law designed to regulate electronic advertising; h. your Contribution does not amount to trolling, or the making of controversial statements for the sole purpose of generating responses by others; i. your Contribution does not constitute, contain, install or attempt to install or promote spyware, malware or other computer code, whether on our systems, the Website and/or others computers or equipment, designed to enable you or others to gather information about or monitor the online or other activities of another party; j. your Contribution does not inundate the Website with communications or other traffic suggesting no serious intent to use the Website for its stated purpose; k. your Contribution does not otherwise violate, or link to material that violates, any provision of this Agreement or any applicable law or regulation; l. your Contribution is accurate and true to the best of your knowledge; m. you expressly authorize us to use your Contribution for any purpose including improving its services to you and third parties; n. your Contribution does not contain pictures, data, audio or visual files, or any other content that is excessive in size, as determined by us in our sole discretion; and o. your Contribution complies with data security requirements and applicable law related to privacy and data security. You accept full responsibility for, and shall indemnify and hold us harmless against, any claims, suits, losses, demands or other liabilities related thereto.

7. Prohibited Activities

You may not access or use, or allow others to access or use, the Website for illegal transactions, personal, family or household purposes, nor any purpose other than that for which we make it available. Certain activities, even if legal, may violate the common rules of etiquette governing Contributions, as determined by us in our sole discretion. Prohibited activity includes, without limit:

• criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, copyright infringement, patent infringement, or theft of trade secrets
• advertising to, or solicitation of, any user to buy or sell any products or services
• transmitting chain letters or junk email to other users
• using any information obtained from the Website in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent
• engaging in any automated use of the system, such as using scripts to add friends or send comments or messages
• interfering with, disrupting, or creating an undue burden on the Website or the networks or services connected to the Website
• attempting to impersonate another user or person
• using the username of another user
• selling or otherwise transferring your profile
• using any information obtained from the Website in order to harass, abuse, or harm another person
• displaying an advertisement, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Website on behalf of that person, such as posting blogs or bulletins with a commercial purpose
• using the Website in a manner inconsistent with any and all applicable laws and regulations
• any access or attempt to access non-public ECOM PAYOUTS or its vendors' systems, programs, data, or services
• copy, reproduce, republish, upload, post, transmit, resell, or distribute in any way, any data, content, or any part of the Services, or any documentation, or the Website except as expressly permitted by applicable laws and regulations
• act as service bureau or pass-through agent for the Services with no added value
• transfer any rights granted to you under this Agreement
• work around any of the technical limitations of the Services or enable functionality that is disabled or prohibited
• reverse engineer or attempt to reverse engineer the Services except as expressly permitted by Laws
• perform or attempt to perform any actions that would interfere with the normal operation of the Services or affect use of the Services by our other users
• impose an unreasonable or disproportionately large load on the Service.

8. Other Prohibited Activities

Offering, using, or permitting the use of the Services in any way related to any Prohibited Business, including but not limited to:

• illegal gaming and gambling
• illegal firearms
• illegal pharmaceuticals and related goods
• illegal adult-related content and/or products
• any products and/or services that do not comply with any local, state, and/or federal laws, rules, or regulations, the enforcement policy of any governmental or entity that governs the performance hereunder, including the policies, rules, or guidelines of the Card Brands, including without limit, Visa, MasterCard, and Discover, and any Bank, financial institution or payment processor.

9. Third Party Providers

ISO makes the Services available to you through its various third-party providers, affiliates and partners including, without limitation, Bank and ECOM PAYOUTS. (collectively "TP Servicers"), which may offer services with and through the Services (the "TPP Services"). By using the Services, including purchasing/using any of the TPP Services, you expressly agree to the terms and conditions thereof which are expressly incorporated by reference in this Agreement.

Intellectual Property Rights

1. Intellectual Property Ownership

Except for Contributions that are expressly owned by third parties, but including all other Contribution including data collected by ISO and/or TP Servicers such as transaction and ACH data, the content on the Website, including without limitation, editorial or other content original to the Website ("Materials") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to ISO or TP Servicers or any other third-party vendors, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions.

2. Use of Intellectual Property

The Services the Website are provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, reverse engineered, or otherwise exploited for any other purposes whatsoever without the prior written consent of ISO, TP Servicers and/or other third parties. ISO reserves all rights not expressly granted in and to the Website and the Materials. You agree to not engage in the use, copying, or distribution of any of the Materials other than expressly permitted by ISO, including any use, copying, or distribution of third parties' materials obtained through the Website for any commercial purposes. If you download or print a copy of the Materials for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Materials or enforce limitations on use of the Website or the Materials therein.

3. Improvements

You may suggest or provide to us certain improvements, concepts, ideas, know-how, techniques, software (including, without limitation, programs), program listings and programming tools and documentation (including, without limitation, manuals), techniques, reports and drawings developed or owned by you (collectively "Improvements"), to improve the Website or Services. You expressly agree that by supplying any Improvement to us, you agree that we may use the Improvements in any manner and that you waive any claim to ownership should we use or implement the Improvement on the Website or otherwise, and that you shall have no interest in or to that property as used by us.

4. Data Sharing, Use, and Sale

Rest assured that we will not collect, store, use, or sell any of Your Biometric, Geo-Location data, or other data without Your express consent. Provided that you have given your express and informed consent, we may also share your data with third parties, including any provider of any of the Services, for the purpose of facilitating the compliance with the Rules, improving the Services, or complying with any provider's requests. Further, we may sell your data to third parties. At any time, you may request information related to what data is collected and used or otherwise sold, and the identities of such third parties that use or gain access to you data via the Website, Services, or otherwise.

Our automated systems analyze your content, processing history, and other interactions with the Services to provide you with the Services, improve the Services, and offer relevant products, services, and features, such as customized search results, and tailored advertising. This analysis occurs as your Data is sent, received, and when it is stored.

For more information, visit our Privacy Policy: https://app.ecompayouts.com/privacy-policy or additional terms for particular Products and Services. If You submit feedback or suggestions about our Services, we may use Your feedback or suggestions without obligation to You and any such action shall not modify the terms of any agreement between you and ISO, and/or you, ISO and any other third-party, and/or agreements with TP Servicers.

Right to Manage the Website and Terminate Users

1. Website Management

We reserve the right but does not have the obligation to:

• monitor the Website for violations of this Agreement
• take appropriate legal action against anyone who, in our sole discretion, violates this Agreement, including without limitation, reporting you to law enforcement authorities, Card Brands, or other entities or organizations
• in our sole discretion and without limitation, refuse, restrict access to or availability of, or disable (to the extent technologically feasible) any feature or any portion of the Services that may violate this Agreement, the Rules, or any policy described herein
• in our sole discretion and without limitation, notice or liability to remove from the Website or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems
• terminate any authorized user, your, or Client's access to the Website or Services
• to otherwise manage the Website in a manner designed to comply with the Rules, protect the rights and property of us, our TP Services, and others and to facilitate the proper functioning of the Website

2. Right to Terminate Users

WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION DISCRETION AND WITHOUT NOTICE OR LIABILITY, TO DENY ACCESS TO, AND USE OF THE WEBSITE, TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THIS AGREEMENT, OR OF ANY APPLICABLE LAW OR REGULATION.

Data Security

We implement and maintain reasonable security measures to protect data from unauthorized access, acquisition, destruction, use, modification, or disclosure. Additionally, we require that all of our TP Servicers, partners or affiliates that may have access to your data have agreed to implement and maintain reasonable security measures to similarly keep any data shared by us confidential. Further, should any potential or actual breach occur, we have a dedicated team to respond to such breach and will keep you informed as necessary to maintain your privacy.

Warranties

THE SERVICES AND ANY ITEMS PURCHASED THROUGH THE SERVICES ARE BROUGHT TO YOU "AS IS" AND "WITH ALL FAULTS." NEITHER WE NOR ANY THIRD PARTIES THAT SELL OR PROVIDE ANY OF THE SERVICES MAKE ANY WARRANTIES OR PROMISES ABOUT THE SERVICES OR ANY PRODUCT OR EQUIPMENT PURCHASED OR USED THEREUNDER. FOR EXAMPLE, WE MAKE NO PROMISES OR COMMITMENTS ABOUT THE FUNCTIONALITY OF THE ITEMS, OR THEIR QUALITY, DURABILITY, SAFETY, RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES AND ALSO DISCLAIM AND EXCLUDE ALL REMEDIES, DAMAGES OR FINANCIAL LOSSES INCLUDING REPAIR AND REPLACEMENT REMEDIES, DIMINUTION IN ITEM VALUE, INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.

Term

This Agreement shall remain in full force and effect while you use the Services or are an authorized user. You may terminate your use or participation at any time, for any reason, by following the instructions on the Website. ECOM PAYOUTS may terminate your use or participation at any time, without warning. Even after your use and participation is terminated, this Agreement will remain in effect, including all sections and obligations that reasonably survive termination.

Copyright Policy

We will terminate the account and access rights of any repeat infringer. If you are a copyright owner or the legal agent of a copyright owner, and you believe that any User submission or content on the Website infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") Notice ( http://automattic.com/dmca )

Modifications

We may modify this Agreement from time to time with or without notice to you or Client. We will alert all of Client's authorized users of such changes by posting those changes on the Website. You agree to be bound to any changes to this Agreement when you use the Services after any such modification is posted. It is therefore important that you regularly review this Agreement to ensure you are informed of any changes.

Disputes Between Users

You are solely responsible for your conduct. We reserve the right, but not the obligation, to monitor disputes between you and other authorized users.

Notice and Communications

You expressly authorize that we may contact you, your business, and anyone with access to the communication methods provided to us under our preexisting relationship to offer promotions, special offers, marketing material, and/or information regarding my account, via text, email, telephone, and or fax, in order to facilitate your use of the Services. You expressly authorize us to call/text/email you regarding your performance hereunder and to offer you additional products and services. Your consent hereunder supersedes any request to not be contacted, such as your registry on Do Not Call Lists and survives for the term hereof and beyond until you expressly request that we not contact you. Electronic communications will be deemed received by you upon transmission of such electronic communication to your email address. For those communications or records that we are otherwise required under applicable law to provide in a written paper form to you, you agree that we may provide such communications or records by means of electronic communications. The following additional terms will apply to such electronic communications: (i) you may request a paper copy of such an electronic communication, and we reserve the right to charge a fee to provide such paper copy. In addition to the electronic communications authorized under this section, statements, notices and other communications to you may be made by mail, e-mail, or other reasonable means. We may also provide notices of changes to these terms or other matters by displaying links to notices on the Website. We will not charge you for text/SMS messages. However, you may see usage charges from your service provider depending on the type of data/rate plan you are currently on. You expressly agree to indemnify, defend, and hold harmless ISO, Bank, TP Servicers and/or other third-parties providing any portion of the Services, related to any charges, service interruptions, and/or other issues related to text messages and other communications sent to you and/or sent to the contact information provided by you in connection with the Services. Your phone number and personal information will be safely stored. We do not share or sell this information with anyone, except as specifically disclosed here in the Privacy Policy available at https://app.ecompayouts.com/privacy-policy You can unsubscribe from communications at any time by replying per the instructions and/or clicking on the unsubscribe and/or do not contact link. Notifications can also be modified under your account settings then by clicking on notifications.

Binding Arbitration

ANY DISPUTE OR CLAIM BETWEEN THE PARTIES ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE FULLY AND FINALLY RESOLVED BY BINDING ARBITRATION IN LOS ANGELES COUNTY CALIFORNIA IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES AND PRACTICES OF THE AMERICAN ARBITRATION ASSOCIATION ("AAA") FROM TIME TO TIME IN FORCE AND EFFECT. THIS AGREEMENT TO ARBITRATE SHALL BE SPECIFICALLY ENFORCEABLE AND IS THE EXCLUSIVE REMEDY FOR THE RESOLUTION OF SUCH DISPUTES UNDER THIS AGREEMENT. THERE SHALL BE A SINGLE ARBITRATOR, WHO MUST BE (I) A LAWYER ENGAGED FULL-TIME IN THE PRACTICE OF LAW AND A MEMBER IN GOOD STANDING OF THE STATE BAR OF CALIFORNIA AND (II) ON THE AAA REGISTER OF ARBITRATORS. WITHIN THIRTY (30) DAYS OF THE CONCLUSION OF THE ARBITRATION HEARING, THE ARBITRATOR SHALL PREPARE WRITTEN FINDINGS OF FACT AND CONCLUSIONS OF LAW. JUDGMENT ON THE WRITTEN AWARD MAY BE ENTERED AND ENFORCED IN ANY STATE OR FEDERAL COURT LOCATED IN LOS ANGELES COUNTY CALIFORNIA. THE PARTIES HEREBY SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE TRIBUNAL SO SELECTED, TO THE EXCLUSION OF ANY OTHER COURT WHICH MIGHT HAVE HAD JURISDICTION APART FROM THIS SECTION, WAIVE ANY DEFENSE OF LACK OF IN PERSONAM JURISDICTION OF SUCH COURTS AND AGREE THAT SERVICE OF PROCESS IN ANY ACTION BEFORE SUCH COURTS MAY BE MADE BY MAILING IT TO THE PARTY TO BE SERVED AT THE ADDRESS PROVIDED HEREIN. IT IS MUTUALLY AGREED THAT THE WRITTEN DECISION OF THE ARBITRATOR SHALL BE VALID, BINDING, FINAL AND NON-APPEALABLE; PROVIDED HOWEVER, THAT THE PARTIES HERETO AGREE THAT THE ARBITRATOR SHALL NOT HAVE THE AUTHORITY TO AWARD PUNITIVE DAMAGES AGAINST ANY PARTY TO SUCH ARBITRATION. THE ARBITRATOR SHALL REQUIRE THE NON-PREVAILING PARTY TO PAY THE ARBITRATOR'S FULL FEES AND EXPENSES OR, IF IN THE ARBITRATOR'S OPINION THERE IS NO PREVAILING PARTY, THE ARBITRATOR'S FEES AND EXPENSES WILL BE BORNE EQUALLY BY THE PARTIES THERETO. EACH OF THE PARTIES HERETO FURTHER AGREES THAT IT WILL NOT BECOME A MEMBER OF ANY CLASS-WIDE LITIGATION OR ARBITRATION AND WILL NOT INITIATE ANY CLASS ACTION LITIGATION OR ARBITRATION AGAINST THE OTHER PARTY. FURTHER THE PARTIES AGREE THAT THEY WILL NOT ASSERT ANY CLAIMS AGAINST THE OTHER PARTY AS A REPRESENTATIVE OF ANY GROUP, CLASS, OR OTHERWISE SIMILARLY SITUATED INDIVIDUAL OR ENTITY.

Disclaimers

We cannot control the nature of all of the Services available on the Website. By operating the Website, we do not represent or imply that we endorse any content, Contributions or other content available on or linked to by the Website, including without limitation content hosted on third party websites, or that we believe such Services or content to be accurate, useful or non-harmful. YOU AGREE THAT YOUR USE OF THE WEBSITE WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, ISO, TP SERVICERS, AND/OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, ASSIGNS, DESIGNEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES, THE WEBSITE'S CONTENT, OR THE CONTENT OF ANY SERVICES OR WEBSITES LINKED TO THIS WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY:

• ERRORS, MISTAKES OR INACCURACIES OF THE SERVICES, CONTENT, REPORTS, AND MATERIALS
• PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE OR SERVICES
• ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN
• ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE OR SERVICES
• ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES OR WEBSITE BY US OR ANY THIRD PARTY
• CLIENT'S INTERNAL DATA SECURITY, AND/OR
• ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE.

WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO, OR IN ANY WAY BE RESPONSIBLE FOR, MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. WE SPECIFICALLY DISCLAIM ALL WARRANTIES INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Limitation on Liability

IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES OR THE WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO AN AGGREGATE AMOUNT OF $10,000.

Indemnity

To the extent permitted by applicable law, you agree to defend, indemnify and hold us, TP Servicers, and our respective subsidiaries, and affiliates, and respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Website or Services in violation of the Rules, this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any use of the Services or the Website or if the Website or Services causes us to be liable to another.

Other

This Agreement, including all third-party agreements whether specifically referenced in and made part of this Agreement or not, constitute the entire agreement between the parties regarding the use of the Services. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision in perpetuity. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision or part of a provision of this Agreement is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

Notices and Contact

ISO's corporate headquarters is located at: 5230 Las Virgenes Rd., Ste. 300, Calabasas CA 91302 and all notices may be mailed there to Attn: Legal Department. In addition, you agree to use your best efforts to send all notices to us via email with receipt acknowledged to info@ecompayouts.com. All notices to you and Client shall be made via the Website and email to the email address provided by Client. By using the Website, you expressly agree to waive any notice by mail and to the receipt of notices as provided herein. You expressly agree that we shall not be responsible for any failure by you to review notices described herein.

Electronic Signature Authorization

Under the Electronic Signatures in Global and National Commerce Act (E-Sign), all electronically executed documents related hereto are legally binding in the same manner as are hard copy documents executed by hand signature when:

• the parties' electronic signature is associated with the documents,
• we or user consents and intend to be bound by the documents, and
• the document is delivered in an electronic record capable of retention by the recipient at the time of receipt (i.e., email, print or otherwise store the electronic record). When accepted in electronic form all electronic documents shall be governed by the provisions of E-Sign. By pressing "Submit", "Accept" or "I Agree", or otherwise making any indication that we or user, as the case may be, agrees: (i) that the documents shall be effective by electronic means, (ii) to be bound by the terms and conditions of the documents, and (iii) that it has had the ability to print or otherwise store the documents.

Should you desire to not E-sign any document, email us at support@ecompayouts.com

Privacy Notice

In addition to the Privacy Policy found at https://app.ecompayouts.com/privacy-policy, you acknowledge and agree to the following terms regarding contact You may adjust your subscription settings at any time by following the link in the email correspondence, or by updating your preferences on the Website at https://app.ecompayouts.com/notification/settings. No separate communication shall be deemed to supersede this acknowledgement.